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HomeMy WebLinkAbout20130337 Ver 1_Application_20130323hill '% 984'? c 1013 . STATE OF NORTH CAROLINA ' "i5l�gi�BA 4�Cy DEPARTMENT OF TRANSPORTATION PAT MCCRORY GOVERNOR March 28, 2013 Ms. Liz Hair US Army Corp of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, N. C. 28801 -5006 ANTHONY J. TATA SECRETARY Z,_ Or, 1, 3, 0 3* 3 7 SUBJECT: Pipe Replacement, SR 1234 (Harvey Road), Lincoln County, UT to Hord Creek Dear Ms Hair: The North Carolina Department of Transportation proposes to replace a deteriorating 32 foot, 72" CMP with a 50 foot, 72" CMP on SR 1234 (Harvey Road) in Lincoln County on an UT to Hord Creek. There is an existing headcut visible approximately 30 feet upstream of the existing pipe. The increase in pipe length increases the new pipe slope; therefore, to prevent the existing headcut from worsening, it is proposed to place the new pipe at streambed elevation rather than burying the inverts per regulation. Approximately 10 feet of Class II riprap will be utilized at the pipe inlet/outlet for structure protection. Due to the existing site conditions, NCDOT requests a waiver from the Regional Condition 2(b)(e) permit depth specification, for the construction of this project. A total of ten feet of rip rap will be placed around the pipe inlet and outlet for structure stabilization. A temporary cofferdam pumping system will be used to divert the stream around the construction site, as needed. Areas affected by temporary cofferdam system will be restored to pre - project conditions. This office has conducted a GIS and field survey for the project for historical sites and threatened /endangered species sites. No sites listed on the National Register of Historic Places are located in the vicinity of the project nor did there appear to be any eligible structures. The federally listed species for Iredell County (USFWS listed date September 22, 2010) include the Dwarf - flowered heartleaf (Hexasrylis naniflora). The Division 12 Environmental Office conducted a threatened /endangered species survey on March 11, 2013. The federally listed species for Lincoln County (USFWS listed dated September 22, 2010) include Michaux's sumac (Rhus michauxii) and the dwarf - flowered heartleaf (Hexasrylis nan0ora). National Heritage Program records document the nearest Michaux's Sumac location approximately 19.5 miles southeast (in Mecklenburg county) of the proposed project area. There are no known sites of Michaux's sumac in Lincoln County. The sumac is typically found in sandy or rocky, open woods and appears to survive best in areas with some disturbance, such as artificially or naturally SR 1234 (Harvey Road) Page 2 March 28, 2013 maintained clearings. There is no suitable habitat within the proposed project area and no species were observed. No impact on this species is anticipated. National Heritage Program records document the nearest dwarf - flowered heartleaf location approximately 1.5 miles east of the proposed project area. The heartleaf is usually found on dry to moist ravine slopes (usually north facing and of the oak - hickory-pine forest type) and in boggy areas near springheads. There is no suitable habitat within the proposed project area and no species were observed. No impact on this species is anticipated. The project area is not located within' /2 mile of any critical watershed area nor is SR 1234 a rural or urban arterial; therefore, hazardous spill basins are not required. Enclosed is the hazardous spill basin checklist. I have enclosed a pre - construction notification for a Nationwide #14, sketch of planned activities and a location map relative to the project. Project information for the 401 Automated Payment Procedure is as follows: • Work order number: 12B.205511 • TIP #: NA • Project Category: $240.00 Fee If you have any questions or concerns please feel free to contact me at (704) 480 -9044. Thank you for your time and consideration on this matter. Respectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division BY: Trish Beam Division 12 Environmental Supervisor WATF�� MAR 2 2013 b r o GENH - boATER OUAIi 1 y WETWID5 AND STi?Ri�yyATtR BR; "NCH Office Use Only: Corps action ID no. DWQ project no. . Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre- Construction Notification PC Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ® Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: SR 1234, Harvey Road 2b. County: Lincoln 2c. Nearest municipality / town: Lincolnton 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: NCDOT Right of Way 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: Mike Holder 4c. Business name (if applicable): N.C. Department of Transportation, Division 12 4d. Street address: 1710 East Marion Street 4e. City, state, zip: Shelby, NC 28151 4f. Telephone no.: 704- 480 -9020 4g. Fax no.: 704 - 480 -5401 4h. Email address: mholder @ncdot.gov & Agent/Consultant'lnformation (if applicable) 5a. Name: Trish Beam 5b. Business name (if applicable): N.C. Department of Transportation, Division 12 5c. Street address: 1710 East Marion Street 5d. City, state, zip: Shelby, NC 28151 5e. Telephone no.: 704 - 480 -9044 5f. Fax no.: 704 - 480 -5401 5g. Email address: pdbeam @ncdot.gov Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): NA Latitude: 35.4482 Longitude: - 81.2748 1 b. Site coordinates (in decimal degrees): (DD DDDDDD) (- DD.DDDDDD) 1 c. Property size: <.10 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Ut to Hord Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS -IV 2c. River basin: Catawba 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Pipe is on a paved secondary road. Landuse is residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 100 3d. Explain the purpose of the proposed project: The purpose of the proposed work is to replace a deteriorating pipe for the safety of the traveling public. 3e. Describe the overall project in detail, including the type of equipment to be used: NCDOT proposes to replace an existing 32 -foot 72" CMP with a 50 -foot 72" CMP. There is an existing headcut visible approximately 30 feet upstream of the existing pipe. The increase in pipe length increases the pipe slope; therefore, to prevent the existing headcut from worsening, it is proposed to place the new pipe at streambed elevation rather than burying the inverts per regulation. Approximately 10 feet of Class II riprap will be utilized at the pipe inlet/outlet for structure protection. A temporary cofferdam pumping system will be used to divert the stream flow around the construction sites as needed. Area affected by temporary cofferdam system will be restored to pre - project conditions. All Best Management Practice's will be utilized during the course of the project. The Project will be constructed using typical heavy equipment (trackhoe, backhoe, etc.). 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown Comments: Jurisdictional stream determinations made by the Division 12 DEO. 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Other: [4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version S. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ - W2 ❑ P ❑ T ❑ Yes ❑ No ❑ ,Corps ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Increase in pipe length Ut to Hord Creek ® PER ❑ INT ® Corps ® DWQ 5 18 S2 ®P ❑ T Riprap for structure Ut to Hord Creek ® PER ❑ INT ® Corps ® DWQ 5 10 stabilization S3 ❑ P ®T Cofferdam bypass Ut to Hord Creek ® PER ❑ INT ® Corps ® DWQ 5 70 pumping S4 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 F1 P F] T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts "28 3i. Comments: " Permanent impacts Page 5 of 11 PCN Form — Version 1.3 December 1b, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar-Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? ❑Yes 131 ❑P ❑T ❑ No ❑Yes B2 ❑ P ❑ T ❑ No El Yes B3 ❑P ❑T ❑ No 6h. Total buffer impacts 6i. Comments: Page 6, of 11 PCN Form -Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. In an effort to avoid exacerbating an existing headcut, the new pipe will be installed in at streambed elevation rather than burying the pipe inverts per regulation. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes - 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: S. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? NA % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Complies with NCDOT's individual NPDES permit NCS000250. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ® DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? NA ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes El No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in . El Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project is classified as a minimum critieria project which has low potential for cumulative /indirect impacts and will not result in additional development which could impact water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, ind icate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program database and on site surveys. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No salt marshes, oyster reefs, or seagrass beds in the vicinity of the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The State Historic Preservation Office resources and the National Register of Historic Places werer reviewed for historic sites in the vicinity of the project; however, the pipe replacement projects occur within a previously impacted area (NC DOT Right of Way). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM panel number: 3710362200J Mike Holder f� , �o�C{ �// V 3/28/13 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant Is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division: 12 County: Lincoln Project ID: 12B.205511 River Basin: Catawba Bridge No: NA Route: SR 1234 Water Quality Criteria: Stream: UT to Hord Creek Yes No Stream Crossing Blue Line On USGS 1-7.� r ORW F W. WSI F WS II,III OR IV, Crossing Within 0.5mi of W.S. Critical Area r,, Roadway Criteria: Route Designation- Additional Site Information: Yes No Arterial Urban r w Arterial Rural F Yes No Is a Hazardous Spill Basin Required? - r Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997). Notes: 1) Pumping system to be used to divert the stream around the construction site as needed. 2) Any contaminated water within the construction site is to be / h° pumped into a silt bag. oc 3) Silt fence is to be placed around / stockpile and project as it allows / 4) Upon completion of the project all silt fences are to be placed as ' needed. Also seeding and mulching I of disturbed areas. I 5) Divert runoff into storage basins or into I TRSC -A before leaving the project Place I contaminated devices at the end of silt fence I I 6) Place TRSC -A's or Special Sediment Control I Fence in the low points with weep holes in silt fence as needed I Unnamed Tributary to E I Catawba River 7) Reference the Best Management �� Practices for Construction and Maintenance Activities by the NCDOT Chapter 4 CL RD Class II Rip Pop or Shot Rock MH I on all Four Corners not to exceed 5' I 22 Existing 72" x 32' CMP to be Removed j I Existing Drainage Ditch M ( Pole Proposed 72" x 50' CMP I I with Dbl Headwalls I I I I Nail set in Q a 20" Poplar i Q 12th Div. NOOT WBridge Maintenance -> Pipe Replacement 9 Q Harvey Rd. 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